KCC 203/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Trademarks
Copyright
LexisNexis
Decision date
13 Jun 2006
Catchwords
Trademark – Registration
This case involved a request to overturn a decision not to allow them to register a trademark. This was not allowed as the trademark had already been registered by another company.
Background
A company filed a case against a defendant and requested the court to dismiss a decision which had prevented them from registering its trademark.
The court ruled the decision should be dismissed.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the trademark the company wanted to register was already registered by another company.
The court said that this argument was valid.
The court repealed the ruling.